Re: NO DAY IN COURT FOR THOUSANDS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

[Guest guest]

Our new Presidential Administration must take responsibility and stop

this madness - We already have enough homeless people that ARE

developmentally delayed.. to add to that population through this Kind

of 'lack of care' is ludicrous. On the brighter side.. Here is a

link to a bright young man that has overcame many of the 'traits' of

his D.D. - Autism. For me this is critical - my son is non verbal so

to watch him talk gives me HOPE.

http://www.youtube.com/watch?v=_hV048AtDgI

It will be nice to see an Administration of CHANGE - because things

like this MUST change. And Thank you - He is also the Asst.

Director of The Office of Advocacy for Autistic Children.

E. , Sr.

>

>

> NO DAY IN COURT FOR THOUSANDS OF INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

> Tallahassee, FL- Agency for Persons with Disabilities ( " APD " ) is the

state agency responsible for oversight of the Developmental

Disabilities Medicaid waiver programs. The Home and Community Based

Medicaid waiver program is designed to allow individuals to live at

home or within the community, rather than in more expensive and

restrictive institutions. Individuals who participate in this program

are already receiving services, which are approved by APD as medically

necessary to avoid institutionalization. However, in September of this

year, APD sent notices to every person currently in one of the waiver

programs (approximately 30,000 people) advising them of a new " Tier "

placement which would require a reduction in services. Anyone who

disagreed with their Tier assignment had 10 days to file an appeal

requesting a hearing or lose services. The Advocacy Center for Persons

with Disabilities, Inc. and various other legal service providers

across the state have been flooded with requests for assistance from

individuals adversely impacted by their Tier placement. However, the

majority of individuals have no attorney. The Tiers system was a

mandate from the 2007 legislature. Implementation and reduction of

services began in October 2008.

> On November 24th, APD issued a press release stating that only 700

of 5000 requests for hearing state-wide were being granted. In an

unprecedented move, APD denied hearing requests to 4,300 individuals.

> On December 1, APD began issuing orders denying hearing requests and

giving individuals 10 days to file an amended request. The Advocacy

Center maintains that each individual has the right to a hearing when

services are reduced or terminated.

> The hearing requests were from individuals with cerebral palsy,

autism, mental retardation, downs' syndrome and other developmental

disabilities whose medically necessary Home and Community Based

Medicaid Waiver services are slated for dramatic reduction. Some are

losing as much as $15,000 - 20,000 or more in services such as

behavioral services, physical and occupational therapies, dental care,

and respite for overburdened families and personal care assistants who

help these individuals with the most basic personal care needs. Some

were placed in tiers where services they are currently receiving are

not available at all.

> Several legal services organizations, including the Advocacy Center

for Persons with Disabilities, Inc., are evaluating the situation.

Together these organizations have reviewed the situations of hundreds

of individuals adversely impacted. However, thousands more do not have

lawyers who can assist with interpreting the Order of Dismissal and

with filing amended petitions. Many of these individuals will lose

essential services as soon as the Orders are final.

> " We are particularly concerned about individuals living at home with

aging caregivers or single parents, elders who have developmental

disabilities, individuals living alone with supportive services and

people with developmental disabilities who also have co-occurring

mental illnesses. Many of these individuals are at imminent risk for

institutionalization in more costly nursing homes or other

institutions, " said Advocacy Center Senior Attorney Martha Barrera.

" But there are many other problems posed by service reductions – for

example many people who today live in group homes, family homes or on

their own are going to lose meaningful day activities, including job

training. Lack of day activities for people with developmental

disabilities results in a reduced quality of life, and in the long run

such problems significantly increase the risk of

institutionalization " .

> ###

>

>

>

>

>

>

> Sylvia

> Phone: x 208

>

>

> E-Mail: sylvias@...

>

> _________________________________________________________________

> Send e-mail faster without improving your typing skills.

>

http://windowslive.com/Explore/hotmail?ocid=TXT_TAGLM_WL_hotmail_acq_speed_12200\

8

>